Section 353 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 353 of the Bharatiya Nyaya Sanhita (BNS), 2023 — under Chapter XIX: Criminal Intimidation, Insult, Annoyance, Defamation, etc.:
📣 Section 353 – Statements Conducing to Public Mischief
Offence Defined:
A person commits this offence if they make, publish, or circulate any false statement, information, rumour, or report (including via electronic means) with:
Intent (or likely effect) to cause:
Military mutiny (among soldiers, sailors, airmen),
Public fear or alarm, possibly provoking offences against the State or public tranquility,
Incitement of one class or community to commit offences against another.
(myjudix.com, mha.gov.in)
Further, if they do so with intent (or likely effect) to create or promote feelings of enmity, hatred, or ill will based on religion, race, place of birth, residence, language, caste, or community.
(myjudix.com)
Aggravation: If the offence is committed within a place of worship or religious assembly, the punishment is stronger.
An exception exists if the person had reasonable grounds to believe the information true and acted in good faith without wrongful intent.
(myjudix.com)
⚖️ Punishment & Legal Features
Standard penalty: Up to 3 years’ imprisonment, or a fine, or both.
(lawrato.com)
Aggravated scenario (religious place/assembly): Up to 5 years’ imprisonment, plus fine.
(myjudix.com)
Cognizable: ✅ Yes — police can arrest without a warrant.
Bailable: ✅ Yes.
Triable by: Court of a First-Class Magistrate.
(indiankanoon.org, prsindia.org)
🌐 Why This Matters
Maintains public order — by penalizing the spread of false information that may provoke unrest, panic, or inter-community hostility.
Reinforces communal harmony — by criminalizing inflammatory speech aimed at inciting hatred between groups.
Protects democratic integrity — statements inciting armed forces to mutiny are treated very seriously.
✅ Summary Table
| Provision | Details |
|---|---|
| Offence | Creating/circulating false/misleading public statements |
| Imprisonment | Up to 3 years; up to 5 years if in religious setting |
| Fine | Discretionary |
| Exception | Good-faith belief in truth of the statement |
| Cognizable | Yes |
| Bailable | Yes |
| Trial court | First-Class Magistrate |
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